If the government does not satisfy its burden of proof by clear and convincing evidence, then the removal proceedings must be terminated. Removal proceedings involve a two-step process: the first step is to determine whether a person is removable. During the removal proceedings, the Immigration Judge illegally read into the record the information from the bond hearing without the government formally introducing this evidence to find our client removable. Immediately following the bond hearing, the client was placed before the same judge for his removal proceedings. At the bond hearing, evidence of our client’s convictions was introduced. It is important to note that bond proceedings are informal, off the record hearings, that generally allow any and all evidence to be introduced. After being placed in removal proceedings, our client requested a bond proceeding where evidence of his conviction was introduced. Lawful Permanent Residents are afforded the same rights and privileges of an American citizen, except the right to vote. Our client was a Lawful Permanent Resident who was placed in removal proceedings following a Notice to Appear issued by the Department of Homeland Security.
Fifth Circuit Court of Appeals to seek due process for our client. It has been seen before 15 judges, remanded, and terminated. This was a violation of his Due Process rights in his immigration removal proceedings. Founding partner, Paul Scott, with the help of his team members at the Scott Law Firm argued before the United States Fifth Circuit Court of Appeals in support of a petition for review filed for a lawful permanent resident who was ordered deported despite the fact that the government failed to prove his is deportable.
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